©2025 Seyfarth Shaw LLP www.seyfarth.com 2025 Cal-Peculiarities | 67 their criminal record after receiving the pre-adverse package, the employer must complete the reassessment portion of the form and provide it with the final adverse action notice.42 4.2.5 San Diego County Fair Chance Ordinance Effective October 10, 2024, San Diego’s own Fair Chance Ordinance went into effect, which is intended to complement state law. Employers with five or more employees, including remote workers, doing business in unincorporated areas of San Diego County, are prohibited from considering certain criminal history factors during the hiring process, including transfers and promotions.43 The San Diego County Ordinance does not go as far as the Los Angeles County Ordinance, but has a few additional requirements not required by state law. The San Diego County Ordinance requires the individualized assessment to be in writing, but employers do not need to provide their written assessment to the applicant. In addition, the preliminary determination notice must advise applicants of their right to file a complaint with the CRD and the County of San Diego Office of Labor Standards and Enforcement. California law requires notice of the right to file a complaint with the CRD in the final determination, which means that employers covered by the San Diego County Ordinance must include this statement in both their preliminary and final determination notices. The San Diego County Ordinance also requires employers to hold the position open during the consideration period, absent exigent circumstances, and employers must retain records for a period of one year from the application for employment. Unlike the Los Angeles County Ordinance, the San Diego County Ordinance does not provide aggrieved applicants with a private right of action. Starting July 1, 2025, however, employers may face civil penalties ranging from $5,000 to $20,000 for noncompliance with the San Diego County Ordinance.44 4.3 Polygraph Tests California employers must not require, as a condition of employment, an applicant or employee to take a polygraph, lie-detector test, or “similar” test. Employers may request a person to take such a test, but only after first advising the person, in writing at the time of the test, that the employer cannot require the test.45 4.4 HIV Testing California employers cannot require job applicants to undergo HIV or AIDS testing. Employers also cannot use an employee’s HIV or AIDS test results to make employment decisions.46 If an employer obtains an employee’s medical information, including HIV or AIDS-related information, they must keep the information confidential and prevent unlawful use and disclosure of the information. (See § 4.7.1.) 4.5 Genetic Testing California employers must not, directly or indirectly, subject applicants or employees to tests for the presence of a genetic characteristic.47 Furthermore, California employees are protected from genetic discrimination in all areas of their employment, including hiring, salary, promotion, benefits, duties, and termination, and from harassment based on genetic information. (See § 6.5.)
RkJQdWJsaXNoZXIy OTkwMTQ4